§ 18-1-704.5 — Use of deadly physical force against an intruder

Colorado § 18-1-704.5

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Provisions Applicable to

Text

(1) The
general assembly hereby recognizes that the citizens of Colorado have a right to
expect absolute safety within their own homes.

(2) Notwithstanding the provisions of section 18-1-704, any occupant of a
dwelling is justified in using any degree of physical force, including deadly physical
force, against another person when that other person has made an unlawful entry
into the dwelling, and when the occupant has a reasonable belief that such other
person has committed a crime in the dwelling in addition to the uninvited entry, or is
committing or intends to commit a crime against a person or property in addition to
the uninvited entry, and when the occupant reasonably believes that such other
person might use any physical force, no matter how slight, against any occupant.

(3) Any occupant of a dwelling using physical force, including deadly
physical force, in accordance with the provisions of subsection (2) of this section
shall be immune from criminal prosecution for the use of such force.

(4) Any occupant of a dwelling using physical force, including deadly
physical force, in accordance with the provisions of subsection (2) of this section
shall be immune from any civil liability for injuries or death resulting from the use of
such force.

(5) As used in this section, unless the context otherwise requires, dwelling
does not include any place of habitation in a detention facility, as defined in section
18-8-211 (4).

Legislative History

Source: L. 85: Entire section added, p. 662, � 1, effective June 6. L. 2016: (5) added, (HB 16-1190), ch. 87, p. 245, � 1, effective August 10.